Defense For Mexican Man Scheduled To Be Executed In Texas Has Pending Motion In U.S. Supreme Court

The lawyer for Rubén Cárdenas wants DNA evidence to be tested again

This undated photo provided by the Texas Department of Criminal Justice shows Rubén Ramírez Cárdenas.

The legal defense for a Mexican man whose execution is scheduled to take place Wednesday at 6 p.m. in Huntsville has a pending motion in the United States Supreme Court to stop the execution.

Rubén Cárdenas is scheduled to be executed for the 1997 murder of his cousin Mayra Laguna.

Gregory Kuykendall, director of the Mexican Capital Legal Assistance Program, which is sponsored by the government of Mexico and provides legal assistance to Mexican nationals who are sentenced to death, told Houston Public Media that Cárdenas lawyer has filed a petition with the Supreme Court appealing the denial of DNA re-testing that was dismissed this week by a lower court.

The U.S. District Court for the Western District of Texas dismissed the petition for the DNA re-testing.

Kuykendall added the Supreme Court could decide to stay Cárdenas execution or allow Texas to carry it out.

Both the Mexican government and United Nations human rights experts contend Cárdenas' execution should not be carried out because Texas did not abide by a 1963 Vienna Convention on Consular Relations –of which the U.S. is a signatory— given that state officials didn't provide Cárdenas with an opportunity to seek legal assistance from the Mexican Consulate after his arrest.

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